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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 27,30,023 as well as 20% per annum from January 7, 2014 to the date of full payment.
Reasons
1. Facts of recognition;
A. On March 16, 2012, the Plaintiff purchased a used vehicle in the name of the Plaintiff, and transferred its ownership two months after delivery, and delivered its installments to the Defendants, according to the Defendants’ commitments, the Plaintiff purchased a Dives-in car (hereinafter “instant vehicle”) from March 16, 2012, and completed the ownership transfer registration in its name. On March 19, 2012, the Plaintiff borrowed KRW 17,300,000 for the instant vehicle from Hyundai Capital Co., Ltd., Ltd., and handed over the instant vehicle to the Defendants on March 24, 2012.
B. However, after the Defendants received the instant vehicle and operated it until now, but failed to perform the said promise, the Plaintiff repaid KRW 6,862,109 out of the principal and interest of the instant loan to Hyundai Capital Co., Ltd. by January 10, 2013. Based on the payment order (Seoul Northern District Court 2013j.8596), the Plaintiff received a claim attachment and collection order (Seoul Northern District Court 2013 11500, 16,242,175, 175, 16, 3 debtor bank, Samsung National Bank, Samsung Life Insurance, and Samsung Life Insurance) as of June 24, 2013, and the principal and interest of the instant company should be paid to the Plaintiff as of November 26, 2013.
C. On the other hand, due to the Defendant’s instant vehicle operation, KRW 1,894,460, total amount of taxes and fines for negligence was imposed on the Plaintiff as shown in the attached Form.
[Grounds for Recognition] Class 1-3, 5, 6, 8-10, 12-17, 13-15, and the purport of the whole pleadings
2. Damage to be compensated due to non-performance of obligation is a definite loss actually suffered, so if an obligee is liable to a third party due to non-performance of obligation, the obligee is obligated to pay the same amount as the obligation to the third party as the liability to the obligor as the damages. However, in order to claim the obligor as the damages.